Solidarity to take SAPS to court

Johannesburg - Trade union Solidarity will brief media on Thursday on a new court bid to force the SA Police Service to consult with the trade union on its affirmative action plan.

The union intends to approach the Labour Court. This comes after the Constitutional Court’s ruling on Tuesday in favour of SAPS and against former police member Renate Barnard regarding the police’s application of affirmative action.

The court on Tuesday set aside an order of the Supreme Court of Appeal that the SAPS discriminated against Barnard by not promoting her.

Acting Chief Justice Dikgang Moseneke said in his majority judgment that the SAPS employment equity plan was not challenged.

The court found the plan was lawfully and rationally implemented by the police commissioner in the matter concerning Barnard.

Barnard's affirmative action case goes back to 2005 when she applied for the post of lieutenant-colonel, which was superintendent according to the old rankings, for the first time.

She twice applied unsuccessfully for promotion to superintendent within the police's national evaluation services, which deals with complaints by the public and public officials about police services.

Despite recommendations by an interview panel and her divisional commissioner, the national police commissioner did not appoint her to the position on the basis that racial representation at the level of superintendent would be negatively affected.